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WEGO Health Terms of Service Agreement

Last Updated April 20, 2013

WG Health Enterprises, Inc., which does business under the name "WEGO Health," is delighted that you have decided to become involved with WEGO Health. For purposes of this Agreement, "you", "yourself" or "your" means the person who participates in any Program (as defined below) offered by WEGO Health, who accesses any part of the WEGO Health Website (as defined below), or both. By using the WEGO Health website or any other websites under the control of WEGO Health, whether partial or otherwise, (collectively, the "WEGO Health Website" or “Site”), you accept, and agree to be bound by, the terms and conditions of this Agreement (the "Agreement").

The WEGO Health Website and Programs are operated by WEGO Health Enterprises, Inc. ("WEGO Health" or the "Company"). This Agreement sets out the legally binding terms of your use of the WEGO Health Website and your participation in WEGO Health Programs. This Agreement applies to all interactions you have with WEGO Health, including any that occurred before the date on which this Agreement was first posted on the WEGO Health Website. We reserve the right, in our sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, to terminate, suspend or modify all or any part of any Program or this Agreement. Such modifications will be effective upon posting by WEGO Health on the WEGO Health Website. This Agreement includes WEGO Health’s Editorial Policy (as set forth from time to time on the WEGO Health Website) for content posted on the WEGO Health Website, WEGO Health’s Privacy Policy (as defined below), and any notices regarding the WEGO Health Website.

1. Authorized Use of Site. The WEGO Health Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the WEGO Health Website requires the prior written consent of WEGO Health. You may not use spiders, robots, data mining techniques or other automated devices or Programs to catalog, download or otherwise reproduce, store or distribute content available on the WEGO Health Website. Further, you may not use any such automated means to manipulate the WEGO Health Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the WEGO Health Website or any other user's use of the WEGO Health Website, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the WEGO Health Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the WEGO Health Website to any third party without our prior written consent.

2. Registration and Passwords. In order to do certain things on the WEGO Health Website, you will be required to provide specific information. All information about you must be truthful. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.

3. WEGO Health and Sponsor Content. The contents, advertisements, information and other materials of WEGO Health and the WEGO Health Website, and of all other websites under WEGO Health's control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “WEGO Health Content”) and the compilation (meaning the collection, arrangement and assembly) of all WEGO Health Content, are protected under copyright, trademark and other laws. As between you and WEGO Health, all WEGO Health Content is WEGO Health's exclusive property. Unauthorized use of WEGO Health Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in WEGO Health Content on any permitted copy you make of WEGO Health Content. You shall not copy or adapt the code that WEGO Health creates to generate any WEGO Health Content or the pages making up any WEGO Health Website (defined below), which is also protected by WEGO Health’s copyright.

The contents, advertisements, information and other materials of any WEGO Health sponsor (“Sponsor”) or on any Sponsor’s website, and on all other websites under any Sponsor’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Sponsor Content”) and the compilation (meaning the collection, arrangement and assembly) of all Sponsor Content, are protected by copyright, trademark and other laws. As between you and any Sponsor, all Sponsor Content is Sponsor’s exclusive property. Unauthorized use of Sponsor Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in Sponsor Content on any permitted copy you make of Sponsor Content.

You may not sell or modify WEGO Health Content or Sponsor Content or reproduce, display, publicly perform, distribute, or otherwise use WEGO Health Content or Sponsor Content in any way for any public or commercial purpose, unless previously approved in writing by WEGO Health or Sponsor (as applicable). The use of WEGO Health Content or Sponsor Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any WEGO Health Content or Sponsor Content unless you are given express permission to do so by WEGO Health or Sponsor.

By using the WEGO Health Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the WEGO Health Website. All rights not granted under this Agreement are reserved by WEGO Health.

4. Rights to Content Posted. Unless otherwise specified, you may only post text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Content”) to the Site if you are thirteen (13) years of age or older, provided that should you be less than eighteen (18) years of age, your parents or legal guardian must agree to the terms of this Agreement on your behalf. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to WEGO Health. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (personal or otherwise) (collectively “Submitted Content”) on or to the WEGO Health Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant to WEGO Health an irrevocable, perpetual, non-exclusive, fully paid and royalty-free (meaning that WEGO Health is not required to pay you for the use of the Submitted Content you post) worldwide license to use, copy, perform, display and distribute such Submitted Content and to prepare derivative works of, or incorporate into other works, such Submitted Content, and to grant and authorize sublicenses of the foregoing. You further grant to WEGO Health the authority to publicly post your Submitted Content on or to the WEGO Health Website, and you represent and warrant that the public posting and use of your Submitted Content by WEGO Health will not infringe or violate your rights of those of any third party.

5. Photo, Video and Audio Release. In connection with various activities which you will be conducting with WEGO Health, including without limitation: participating in WEGO Health events and Programs, providing photos, videos and statements to WEGO Health, participating in photo shoots relating to WEGO Health, and participating in audio and video taping relating to WEGO Health you agree as follows:

  • a) All statements, photographs, audio recordings or video recordings taken of you by WEGO Health, its contractors or customers, or submitted by you to WEGO Health, its contractors or customers, may be used by WEGO Health, its contractors or customers, for promotional, commercial or other purposes as determined by WEGO Health anywhere in the world in its sole discretion. You shall not have any right to control the use or publication by WEGO Health, its contractors or customers, of the statements, photographs, audio recordings or video recordings.
  • b) All statements, photographs, audio recordings or video recordings taken of you by WEGO Health or its contractors, or submitted by you to WEGO Health, shall be the sole property of WEGO Health or its designee. You shall not receive any compensation in connection with use of these statements, photographs, audio recordings or video recordings for promotional, commercial or other purposes.
  • c) You hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, audio recordings or video recordings which you may have against WEGO Health or any person or firm authorized by WEGO Health to publish said materials (“Publisher”). Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of WEGO Health and any Publisher.
  • d) The releases of rights described above shall be binding on your successors, heirs, assigns, executors, administrators, spouse and next of kin.
  • e) YOU HAVE READ THIS SECTTION 5 CAREFULLY AND YOU UNDERSTAND THAT YOU GIVE UP SUBSTANTIAL RIGHTS (INCLUDING RIGHTS RELATING TO PUBLICITY AND PRIVACY WITH RESPECT TO THE COMMERCIAL USE OF ANY STATEMENTS, PHOTOGRAPHS, AUDIO RECORDINGS OR VIDEO RECORDINGS) AND YOU AGREE TO THIS RELEASE FREELY AND VOLUNTARILY.

6. Eligibility. You must be 13 years of age or older to participate in a Program or visit or use the WEGO Health Website in any manner. If you are over 13 years of age and under 18 years of age, you must have permission from your parent or legal guardian to participate in a Program and accept the terms of this Agreement. WEGO Health has the right, in its sole discretion, to request parental/legal guardian consent forms at any time from any minors who are under 18 years of age. Minors who are under 18 years of age (but over 13 years of age) may be prohibited from participating in certain activities or events and parental/legal guardian consent may be required in order for minors to participate in other activities or events. You hereby represent and warrant to WEGO Health that you are 13 years of age or older, that, if you are over 13 but under 18, you have permission from a parent or legal guardian to access the WEGO Health Website and, as described above, by such access, accept the terms of this Agreement, that you have the right, authority and capacity to agree to and abide by the terms of this Agreement, and that you will use WEGO Health and the WEGO Health Website solely for your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations.

7. Security Rules. You shall not violate or attempt to violate the security of the WEGO Health Website including, without limitation, (a) accessing data not intended for you or logging into a server (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of the WEGO Health Website or any activity being conducted on the WEGO Health Website, (c) attempting to interfere with the availability of the WEGO Health Website to any representative, host or network, including, without limitation, via means of submitting a virus to the WEGO Health Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the WEGO Health Website, (d) utilizing the WEGO Health Website for the advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to you. Violations of system or network security may result in civil or criminal liability. WEGO Health will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting users of the WEGO Health Website who are involved in such violations.

8. Termination and Remedies. WEGO Health may terminate any or all rights which you have under this Agreement for any reason, at any time. WEGO Health shall be the sole determiner in cases of suspected abuse, fraud, or breach of this Agreement or intent of this Agreement. If WEGO Health terminates because you have breached this Agreement or taken actions that are inconsistent with the intent of this Agreement, you will not be entitled to receive any payments, gift cards, merchandise or other compensation which would otherwise be due to you under any WEGO Health Program.

WEGO Health reserves the right, in its sole discretion, upon any breach by you of the terms of this Agreement or if the WEGO Health is unable to verify or authenticate any information you submit to WEGO Health or any WEGO Health Website, to pursue all of its legal remedies, including. Any decision WEGO Health makes relating to cancellation, termination or suspension shall be final and binding.

9. Submissions. Any personally identifiable information we may collect from you shall be governed by our Privacy Policy which is set forth in Exhibit A to this Agreement. Any other material, information or other communication you transmit, upload or post will be considered non-confidential and non-proprietary. WEGO Health will have no obligations with respect to your submissions. WEGO Health, its Sponsors and its designees will be free to copy, disclose, distribute, incorporate and otherwise use your submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

10. Independent Contractor Status. WEGO Health and you acknowledge and agree that your relationship with WEGO Health under this Agreement shall be that of an independent contractor, and you shall hold yourself out to be an independent contractor of WEGO Health, and you shall at no time represent to any third party that you are an employee of WEGO Health. As an independent contractor, you shall not receive nor be entitled to a salary or any other benefits or privileges WEGO Health provides to its employees. Nothing in this Agreement shall be construed or considered to create a relationship of employer and employee, principal and agent, partner, joint venture or any other relationship other than that of an independent contractor between the parties hereto.

11. Independent Contractor Engagement. Your engagement with WEGO Health shall be one that is fully understood and acknowledged by both parties to be that of an independent contractor. You will never be asked to perform tasks, duties, or otherwise which will cause your services to be those of an employee. The following outlines your terms of engagement with WEGO Health. No employee, agent or Sponsor of WEGO Health has the right to engage you in any way other than the specific terms detailed below in connection with the work you perform for WEGO Health. If you feel that your status as an independent contractor has been in any way violated or modified, please cease all work and activities being performed for WEGO Health, take no further action for WEGO Health and instead promptly contact WEGO Health for further direction. The terms dictated by your independent contractor status with WEGO Health are as follows:

  • a) You will not be provided great detail or strict guidelines about how to provide your services. You will rely on your own expertise to accomplish all necessary tasks within the parameters and objectives stated for each task, although best practices and background knowledge may be shared with you to increase your chance of success.
  • b) You will have a defined relationship for each particular task you choose and are eligible to participate in tasks until this Agreement is terminated under Section 8 above.
  • c) You may perform tasks at your own discretion on your own schedule in the order you wish, and you may elect the hours during which you work on the tasks.
  • d) You will be compensated on a per task or per completion basis.
  • e) You will be responsible for providing all tools necessary to complete your tasks including a computer, Internet access, and cell phones unless directed otherwise.
  • f) We have no right to exercise any control whatsoever on your daily activities.

12. Copyrights and Trademarks. All materials included on the WEGO Health Website including, but not limited to, text, design, graphics, interfaces, code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of WEGO Health or its Sponsors, unless otherwise noted or attributed. WEGO Health, WEGO Health On Call and the WEGO Health logo are trademarks and service marks of WEGO Health. Text excerpts, diagrams, logos or other information may be quoted within the content of the WEGO Health Website, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from the WEGO Health Website subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the WEGO Health Website in whole or in part without the prior written permission of WEGO Health.

13. Taxes. All taxes applicable to any compensation provided by WEGO Health to you under this Agreement will be your liability and WEGO Health shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment, worker’s compensation or any similar tax or charge. In accordance with current law, if WEGO Health is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the gross annual compensation paid by WEGO Health to you, then you will be required to complete and submit a Form W-9. You acknowledge that you shall be solely responsible for the reporting and payment of all federal, state and local income taxes, social security taxes, all federal and state self-employment taxes, and other governmental obligations resulting from the receipt of compensation under this Agreement. You hereby indemnify and save harmless WEGO Health from any liability for any taxes, penalties or interest that may be assessed by any taxing authority with respect to compensation received by you from WEGO Health.

14. WEGO Health’s Liability. WEGO Health is only a venue and WEGO Health does not screen or censor profiles or Submitted Content. We generally do not control the Submitted Content or information provided by others that is made available through WEGO Health. As a result, WEGO Health has no control over the truth or accuracy of the information submitted. WEGO Health makes no representations about the accuracy, reliability, completeness, or timeliness of any profile or Submitted Content. In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with others with whom you come in contact through WEGO Health. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using WEGO Health and/or the WEGO Health Website.

Because authentication on the Internet is difficult, WEGO Health cannot and does not confirm that any user of the Site is who that user claims to be. Because we do not and cannot be involved in dealings which users of the Site have with each other, or control the behavior of participants on any WEGO Health Website, in the event that you have a dispute which relates in any way to the WEGO Health Website, you release WEGO Health (and our agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur with respect to your account.

15. Disclaimer of Damages. IN NO EVENT SHALL WEGO HEALTH, ITS SPONSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WEGO HEALTH WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEGO HEALTH WEBSITE AND WEGO HEALTH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEGO HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Limitation of Liability. WEGO Health, its Sponsors, and their respective parent companies, subsidiaries, affiliates, directors, officers, investors, managers, employees, and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with your use of the Site or participation in its WEGO Health Programs, the use of information provided by you to WEGO Health, or the compensation received by you from WEGO Health.

WEGO HEALTH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WEGO HEALTH WEBSITE OR YOUR USE OF ANY WEGO HEALTH WEBSITE OR WEGO HEALTH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10). SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, AND AS SUCH THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, WEGO HEALTH, ITS SPONSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHER, UNDER NO CIRCUMSTANCES SHALL WEGO HEALTH BE LIABLE FOR ANY ACTIONS WHATSOEVER BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE OR INVOLVEMENT IN A PROGRAM OR TASK. MEMBERS ARE NOT EMPLOYEES OF WEGO HEALTH, AND WEGO HEALTH, WHILE CREATING, TRACKING AND MANAGING THE NETWORK IN WHICH WEGO HEALTH’S SPONSORS AND MEMBERS ARE UNITED, SOLELY FACILITATES THE ENGAGEMENT OF MEMBERS BY ITS SPONSORS AND AS SUCH DOES NOT AND CANNOT CONTROL, MONITOR, SUPERVISE OR REGULATE THE ACTIONS OF MEMBERS.

17. Confidentiality. You are responsible for maintaining the confidentiality and all uses of your account, and password whether or not authorized by you. You agree to immediately notify WEGO Health of any unauthorized use of your account, and password. Further, you acknowledge that during your engagement with WEGO Health, you will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by WEGO Health and/or used by WEGO Health in connection with the operation of its business including, without limitation, WEGO Health’s business and product processes, methods, customer lists, accounts and procedures. Further, you acknowledge that during your engagement with WEGO Health, you will have access to and become acquainted with Confidential Information owned or licensed by Sponsors of WEGO Health. You agree that you will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of your engagement with WEGO Health. All WEGO Health Content, and all similar items relating to the business of WEGO Health, shall remain the exclusive property of WEGO Health. You shall not retain any copies of the foregoing without WEGO Health’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by WEGO Health, you shall immediately deliver to WEGO Health any and all such files, records, documents, specifications, information, and other items in your possession or under your control. You further agree that you will not disclose your retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of WEGO Health and shall at all times preserve the confidential nature of your relationship to WEGO Health and of the services hereunder.

18. User Disputes. You are solely responsible for your interactions with others who are involved with WEGO Health. WEGO Health reserves the right, but has no obligation, to monitor disputes between you and others.

19. Privacy Policy. The WEGO Health Privacy Policy attached to this Agreement as Exhibit A is hereby incorporated by reference and made a part of this Agreement and, therefore, you are fully subject to the terms and conditions of that Privacy Policy as in effect now and as it may be changed from time to time by WEGO Health in its sole discretions.

20. Right to Be Removed From Programs. WEGO Health reserves the right to remove you from any campaign, Program, task, activity, action, poll, survey, contest, sweepstakes, or the like, coordinated by WEGO Health (each a “Program”) at any time for any reason with or without notice.

21. Contact. WEGO Health has the right, but not the obligation, to periodically contact you with information, updates, and special offers via email. If there are any inaccuracies in such correspondences, WEGO Health will not be held responsible.

22. Data Collection. A variety of types of Programs are available on the WEGO Health Website, sponsored by WEGO Health, its Sponsors, merchants, and/or strategic partners. You will not be required to participate in a specific Program in order to use the Site. You may be qualified to receive compensation for certain Programs or activities in which you participate. WEGO Health uses the data collected from these activities to assist it and its merchants, Sponsors and strategic partners to provide you and others better services and products. WEGO Health will never, however, provide information which identifies you personally to Sponsors, merchants, or strategic partners, as more fully described in the WEGO Health Privacy Policy attached to this Agreement as Exhibit A.

23. Right to Offer Programs. WEGO Health will offer Programs to you based on various parameters, as well as previous performance and/or certain scores determine by WEGO Health. If you qualify for a Program, you will have the ability to join the Program by completing a Program Sign-up Page on the WEGO Health Website, and following the instructions provided. You may also be contacted directly via email, direct message, or SMS when a Program is launched. WEGO Health may choose to offer to allow you to participate in a Program in its sole and absolute discretion.

24. Indemnification. You agree to indemnify, hold harmless and defend WEGO Health, its Sponsors, subsidiaries, affiliates, officers, directors, employees, stockholders, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees), arising from or out of or in connection with the following, without limitation:

  • a) a breach by you of this Agreement or any obligation or covenant in this Agreement, including your representations and warranties set forth in this Agreement;
  • b) a violation of any law, rule, regulation, or authority by you in connection with the performance of this Agreement, your use of the Site or your involvement in a Program;
  • c) any negligent, reckless or intentional acts or omissions committed by you in connection with the entry into or performance of this Agreement, your use of the Site or your involvement in a Program;
  • d) a claim against you that the Site or a Program infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or
  • e) a claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with your performance under this Agreement, your use of the Site or your involvement in a Program.
  • f) Further, WEGO Health shall provide you with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that you shall not enter into any settlement that materially adversely affects WEGO Health’s rights or interests without WEGO Health’s prior approval); and (c) proper and full information and reasonable assistance, provided at your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, WEGO Health shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.

25. Comments, Complaints and Questions. We welcome your feedback about the WEGO Health Website. However, any comments, ideas, notes, messages, suggestions or other communications sent to WEGO Health shall be and remain the exclusive property of WEGO Health, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding these terms and conditions, please feel free to contact us.

26. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of the WEGO Health Website or any Program and not to use the WEGO Health Website or any Program for any purpose that is contrary to any such laws, rules, regulations or orders. All matters relating to your access to, and use of, the WEGO Health Website or any Program shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the WEGO Health Website or any Program shall be instituted in a state or federal court in Suffolk County, Massachusetts. You and WEGO Health agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

27. Code of Conduct. WEGO Health requires that you abide by the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising ( http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf ) (“FTC Endorsement Guides”). WEGO Health believes in full transparency and in full, fair and effective disclosures of material facts relating to your relationship with WEGO Health and its Sponsors. Per the FTC’s Endorsement Guides, if you are receiving free products, services, payment or other in-kind compensation in exchange for your participation in a Program or in return for promoting a Sponsor or its products/services, you must disclose your connection to WEGO Health and/or its Sponsor. This disclosure should appear in close proximity to any statements you make about Sponsor’s products or services or the Sponsor in general.

28. Prohibited Actions WEGO Health expects all those who use the Site or participate in a Program to be respectful of other people. In addition to the requirements set forth in Section 27 above, below is a partial list of the kind of actions that are illegal or prohibited by WEGO Health in connection with your involvement with WEGO Health in any capacity. Engaging in any of these actions by you may, in the sole and absolute discretion of WEGO Health, be deemed to be a breach of this Agreement giving WEGO Health the right to exercise all of its rights and remedies set forth in Section 8 above. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against you if you violate this provision. Prohibited actions include, but are not limited to, any action which:

  • a) incites, advocates, or expresses pornography, nudity, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
  • b) misrepresents the source of anything you post, including impersonation of another individual or entity;
  • c) provides or creates links to external sites that violate the terms of this Agreement;
  • d) is intended to harm or exploit minors in any way;
  • e) is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of the minor's school;
  • f) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
  • g) is illegal or violates any local and national laws that apply to your location; including but not limited to child pornography, illegal drugs, copyright material and intellectual property not belonging to you;
  • h) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage any one else to do so;
  • i) intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
  • j) attempts to impersonate a WEGO Health employee, agent, manager, host, another user, or any other person though any means;
  • k) infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
  • l) is inaccurate, false or misleading in any way;
  • m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • n) contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

WEGO Health is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. WEGO Health will make all determinations as to what Content is appropriate in its sole discretion. WEGO Health may edit or remove any Content at any time with or without notice.

29. Notices and Legal Disclaimer. The WEGO Health Website may contain proprietary notices and copyright information, the terms of which must be observed and followed. The WEGO Health Content may contain inaccuracies or typographical errors or technical inaccuracies. WEGO Health makes no representations about the accuracy, reliability, completeness, or timeliness of any WEGO Health Website or the WEGO Health Content. The use of the WEGO Health Website and the WEGO Health Content is at your own risk. Changes are periodically made to the WEGO Health Website and may be made at any time. Information may be changed or updated with or without notice. WEGO Health may also make improvements and/or changes with respect to Programs and the WEGO Health Website at any time with or without notice.

WEGO Health does not warrant or represent that you will have the opportunity to be compensated by WEGO Health at any time. WEGO Health makes no representations or warranties, express or implied, with regard to any compensation you do receive from WEGO Health.

ACCEPTANCE OF TERMS

The terms of service set forth above shall constitute the entire understanding between WEGO Health and you. All interaction between you and WEGO Health is governed by, and subject to, the legal notices contained in this Agreement. your use of, or access to, WEGO Health constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Effective Date: This Agreement is effective and was last updated on April 17, 2013.

Exhibit A
to
WEGO Health Terms of Service Agreement
Privacy Policy of WEGO Health

WEGO Health understands how important the privacy of personal information is to our users. This Privacy Policy will tell you what information we collect about you and about your use of WEGO Health and its services. It will explain the choices you have about how your personal information is used and how we protect that information. We urge you to read this Privacy Policy carefully.

This Privacy Policy applies to Web sites owned and operated by WEGO Health that are intended for use by consumers (non-professionals) for non-commercial personal, family or household purposes, including without limitation WEGO Health.com, WEGOHealth.tv and including the mobile optimized versions of these sites (we refer to these sites collectively as the “WEGO Health Web Sites”). Except where noted, statements in this Privacy Policy with respect to the WEGO Health Web Sites also apply to the WEGO Health Mobile Device Application (or "App") for the iPhone, the iPad and mobile devices operating with the Android operating system.

References to "WEGO Health" mean WG Health Enterprises, Inc., doing business as WEGO Health including any company that WEGO Health controls (for example, a subsidiary that WEGO Health owns). WEGO Health may share information among its subsidiaries or web sites that it owns or controls, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy.

Information Collected About You

Personal Information

If you choose to register or update an existing member profile with WEGO Health or access certain functionality on the WEGO Health Web Sites, you may be required to submit Personal Information. “Personal Information” means information that we can use to identify or contact you, such as your name, address, telephone number or email address. Some of our interactive tools and services may request you to submit health information, which would also be considered Personal Information. You are responsible for ensuring the accuracy of the Personal Information that you submit to WEGO Health. Inaccurate information will affect your experience when using the WEGO Health Web Sites and tools and our ability to contact you as described in this Privacy Policy.

Registration

Access to some WEGO Health interactive tools and services may be limited to users who have registered. Some of our tools (such as certain quizzes or calculators) do not retain your Personal Information, while others store your Personal Information in accordance with this Privacy Policy and the authorization you provide at the time you submit Personal Information in order to use the tool.

Newsletters and Emails to You

At registration and at various times as you use the WEGO Health Web Sites, you will be given the option of providing us with Personal Information in order to receive recurring informational/promotional newsletters – such as a newsletter relating to a specific health condition – via email from WEGO Health and/or directly from third parties. When you sign up for our email newsletters or at any time, you can choose to opt out of receiving additional promotional newsletters from WEGO Health or our Sponsors.

You can unsubscribe from a newsletter by following the directions included at the bottom of the newsletter.

Market Research

From time to time, WEGO Health may conduct online research surveys through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may ask you to enter Personal Information. The Personal Information you submit in a survey may be used by WEGO Health for research and measurement purposes, as described below, including to measure the effectiveness of content, advertising or Programs. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13. Market research surveys conducted by or on behalf of WEGO Health will contain a link to this Privacy Policy.

Blogs, Comments and Other Public Forums

WEGO Health features community areas, comment areas and other public forums where users can contribute information and support one another or where users can post questions for experts to answer. Our communities are open to the public and should not be considered private.

Any information (including Personal Information) you share in any online community area including comments or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.

If you mistakenly post Personal Information in our Community areas and would like it removed, you can send us an email to request that we remove it by using the Contact Us link on every page of the WEGO Health Web Sites. In some cases, we may not be able to remove your Personal Information.

Emails You Send to WEGO Health

This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to WEGO Health by email. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to WEGO Health.

Non-Personal Information

Even if you do not register with or provide any Personal Information to WEGO Health, we collect Non-Personal Information about your use of the WEGO Health Web Sites. “Non-Personal Information” means information that we cannot use to identify or contact you. We may also acquire Non-Personal Information about our users from external sources While you may use some of the functionality of WEGO Health without registration, many of the specific tools and services on the WEGO Health Web Sites require that you register with WEGO Health.

Cookies and Web Beacons

We collect Non-Personal Information about your use of the WEGO Health Web Sites and your use of other web sites through the use of Cookies and Web Beacons. “Cookies” are small data files that are stored on the hard drive of the computer you use to view a web site. Every computer that accesses the WEGO Health Web Sites is assigned a different cookie by WEGO Health. “Web Beacons” are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located, the type browser that is accessing the site and the ID number of any Cookies on your computer previously placed by that server.

Third parties under contract with WEGO Health may use Cookies or Web Beacons to collect Non-Personal Information about your usage of the WEGO Health Web Sites, including which health topics you have viewed. These third party service providers may use this information, on our behalf, to help WEGO Health deliver advertising on the WEGO Health Web Sites as well as on other sites on the Internet based on your browsing activity on our sites. WEGO Health may further tailor the advertising on these third party sites based on additional Non-Personal Information to the extent known by WEGO Health or these third parties.

Mobile Device Applications (“Apps”)

When you download and install one of our WEGO Health Mobile Apps onto your mobile device we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of Cookies as described in this Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser, because the App does not work through your browser. Therefore the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, please do not use the Mobile Device App, and please use your mobile device browser to access the WEGO Health Web Sites or our mobile optimized sites. We do not obtain any information about your mobile device, other than the brand, make and model and type of operating software your device uses. Please note that certain WEGO Health Mobile Apps require registration either to use the App or to use certain functionality in the App.

WEGO Health’s Apps obtain your consent (via an opt-in) before using information from pin-pointing technology like GPS or cell tower information. You can withdraw your consent (opt-out) for the use of "location" by WEGO Health at any time by changing your location services in the "Settings" function on your mobile device.

Non-Personal Information Collected by Third Parties Not Acting on WEGO Health’s Behalf

We work with third parties to display advertising that reflects the interests and preferences of our user community. Sponsors or advertisers on the WEGO Health Web Sites may use their own Cookies, Web Beacons or other online tracking technologies in the banner advertisements served on the WEGO Health Web Sites and in emails, special promotions or newsletters we send you. Their advertisements may be displayed on the WEGO Health Web Sites or on other sites that you visit after you visit the WEGO Health Web Sites. Some advertisers use companies other than WEGO Health to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect Non-Personal Information through the use of Cookies or Web Beacons on the WEGO Health Web Sites.

We do not control how third parties use Cookies or Web Beacons or how they manage the Non-Personal Information they gather through the use of these technologies on the WEGO Health Web Sites. However, we do require sponsors, advertisers and Ad Servers who collect Cookie or Web Beacon information through the WEGO Health Web Sites to agree that they will not collect any Personal Information from the WEGO Health Web Sites without your consent. They have promised us they will not link any Non-Personal Information collected by them on the WEGO Health Web Sites to Personal Information they or others collect in other ways or from other sites except as may be described in connection with a particular Program.

What Choices Do I Have?

Updating/Removing Your Personal Information

If you do not want your Personal Information used by WEGO Health as provided in this Privacy Policy, you should not register as a member or for any specific tool or application that collects Personal Information. You can also update any Personal Information you have submitted by contacting us using the contact information listed below.

If you have registered and desire to delete any of your Personal Information you have provided to us from our systems please contact us using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the WEGO Health Web Sites from our servers.

Cookies

Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If you reject our Cookies, certain of the functions and conveniences of the WEGO Health Web Sites may not work properly but you do not have to accept our Cookies in order to productively use the WEGO Health Web Sites.

How Information Collected About You Is Used

Information collected by WEGO Health about you is used by WEGO Health to:

  • - administer your account,
  • - provide you with access to particular tools and services,
  • - understand your use of the internet and social media, and to compare your behavior to other members,
  • - respond to your inquiries you send to us and to send you administrative communications about the WEGO Health Web Sites or services,
  • - obtain your feedback about the WEGO Health Web Sites or our offerings,
  • - statistically analyze user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened,
  • - provide you with more relevant content or advertising both on the WEGO Health Web Sites or on other web sites that you visit after you leave the WEGO Health Web Sites; and
  • - conduct research and measurement activities, including those described below.

WEGO Health may combine Personal and Non-Personal Information collected by WEGO Health about you, and may combine this information with information from external sources.

We also use Cookies in order to enable us to conduct surveys for our own use and on behalf of our advertisers. These Cookies are used to determine whether you have seen certain content or advertising so that we may request your opinions. We may also use Cookies to authenticate respondents or to help you pick up where you left off in a survey. If you have Cookies disabled you may not be able to participate in some surveys.

Information that WEGO Health collects about you may be combined by WEGO Health with other information available to WEGO Health through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or Programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the WEGO Health Web Sites, to our current or prospective advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except contractors performing services on our behalf who agree not to use this information received from us for any purpose other than performing services on our behalf.

With Whom Do We Share Your Information?

Except as described in this Privacy Policy or as specifically agreed to by you, WEGO Health will not disclose any Personal Information it gathers from you through the WEGO Health Web Sites. We may only release Personal Information to third parties: (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In addition, we may disclose Personal Information as described below.

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, WEGO Health reserves the right to transfer your Personal Information to the new party in control or the party acquiring assets. In the event of such a change, your Personal Information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section below that discusses “Changes to This Privacy Policy.”

Disclosures to WEGO Health Operations and Maintenance Contractor

WEGO Health contractors sometimes have limited access to your Personal and Non-Personal Information in the course of providing products or services to WEGO Health. These contractors include vendors and suppliers that provide us with technology, services, data analysis, research, advertising and marketing assistance and/or content for the operation and maintenance of the WEGO Health Web Sites. We contractually require that our operations and maintenance contractors: 1) protect the privacy of your Personal and Non-Personal Information consistent with this Privacy Policy and 2) not use or disclose your Personal or Non-Personal Information for any purpose other than providing the limited service or function for WEGO Health.

Disclosures to Third Party Web Sites

Certain content, services and advertisements offered to you through the WEGO Health Web Sites are served on, or contain links to, web sites hosted and operated by a company other than WEGO Health ("Third Party Web Sites"). WEGO Health does not disclose your Personal Information to these Third Party Web Sites without your consent, but you should be aware that any information you disclose to the other web sites once you access these other web sites is not subject to this Privacy Policy. WEGO Health does not endorse and is not responsible for the privacy practices of these Third Party Web Sites. You should review the privacy policy posted on the other web site to understand how that Third Party Web Site collects and uses your Personal Information. WEGO Health makes an effort to make it obvious to you when you leave our website and enter a Third Party Web Site, either by requiring you to click on a link or by notifying you on the site before you visit the third party site. In addition, if you see a phrase such as "Powered by" or "in association with" followed by the name of a company other than WEGO Health, then you are on a web site hosted by a company other than WEGO Health.

How Do We Secure and Retain Your Information?

We take reasonable security measures to protect the security of your Personal Information. Despite WEGO Health's efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.

We will retain your Personal Information as long as your account is active or needed to provide you services. At any time you can instruct us to remove your Personal Information, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to WEGO Health from our servers. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

Children

We are committed to protecting the privacy of children. The WEGO Health Web Sites are not designed or intended to attract children under the age of 13. The WEGO Health Web Sites do not collect Personal Information from any person we actually know is under the age of 13.

Contacting WEGO Health About Your Personal Information or Privacy

Please send us an email by using the Contact Us link at the bottom of every page of our site if you have any questions about this Privacy Policy or the Personal Information we maintain about you.

You can also contact WEGO Health’s Privacy Office at:

WEGO Health
Attn: Office of Privacy
180 Lincoln Street, 5th Floor
Boston, MA 02111
Phone: 617.863.7745

Changes to This Privacy Policy

We reserve the right to change or modify this Privacy Policy or any of our tools or services at any time and any changes will be effective upon being posted unless we advise otherwise. We encourage you to periodically review this website for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the WEGO Health Web Sites. Please exit the WEGO Health Web Sites immediately if you do not agree to the terms of this Privacy Policy.